Terms and Conditions:
(a) Agreed projects will be set out in written project proposals that include (i) a payment schedule for the work and (ii) a specification, milestones and approximate delivery dates. Digital work is not provided on a Guaranteed Turnaround basis and Re:View Creative may adjust delivery dates for milestones and will keep the customer appraised of progress and any delays due to technical obstacles and / or resourcing limitations, any extension to delivery dates will not entitle the customer to a refund of payments already made.
(b) Any amendments to the specification set out in project proposals could result in additional costs to the customer, Re:View Creative will raise and discuss any additional costs and agree such terms with the customer before carrying out work on modifications to the specification.
(c) Re:View Creative will notify the customer when a milestone has been completed and / or raise an invoice as set out in the project proposal payment of which shall be acceptance and sign-off on work completed at that point.
(d) Re:View Creative will endeavour to ensure that web pages work in current and recent versions of preeminent web browsers (such as Firefox, Chrome, Explorer and Safari) at the time of undertaking the project. The customer acknowledges that technology is fast moving and Re:View Creative cannot give absolute assurance as to how web pages will look and work on any given browser or device released from time to time.
(e) The customer acknowledges and agrees that any code, software, content, graphics, visuals and the look and feel of any website, mobile application or similar services (”the Re:View Creative application”) shall, as between the customer and Re:View Creative, belong to Re:View Creative. Further, save as expressly granted under the contract with Re:View Creative, the customer shall have no right or licence whatsoever in or to the Re:View Creative application:
(f) The Re:View Creative application may utilize a range of technologies including open source software and items supplied under license by third parties (“Third Party Content”). The customer acknowledges and agrees that Re:View Creative’s ability to make the Re:View Creative application available may be dependent on Re:View Creative having the benefit of licences in respect of such Third Party Content, which licences may be ended at any time and accordingly, if Re:View Creative loses the benefit of such licences it will not be under any obligation to continue to make the Re:View Creative application available. The customer further acknowledges and agrees that provisions of such licences may be deemed incorporated into these terms and conditions.
(g) The customer acknowledges and agrees that whilst Re:View Creative will use its reasonable endeavours to ensure that the Re:View Creative application is, otherwise than for maintenance (whether routine, planned or emergency) accessible at all times, it gives no warranty whatsoever that the Re:View Creative application will be accessible either in whole or in part or otherwise “on line” for any period of time or that access will be uninterrupted or secure.
(h) The customer agrees that in respect of the Re:View Creative application it will not:
(i) do any illegal act including without limitation, drug dealing, violation of national export restrictions, harassment, fraud, trafficking in obscene material, distributing viruses, trojan horses or any other similar harmful or deleterious programming routines;
(ii) do any act which Re:View Creative in question has reasonably requested the customer not to do;
(iii) do or attempt to do any act which violates any system or network security which, without limitation, shall include unauthorised access and/or probing or scanning of the system security and/or hacking;
(iv) involve itself in spamming, mail bombing, system flooding or anything similar;
(v) provide any false or misleading information to Re:View Creative or over the Re:View Creative application;
(vi) use the Re:View Creative application for chat pages, contests or any other high volume activities without the express written permission of Re:View Creative in question;
(i) The customer acknowledges and agrees that if the Re:View Creative application is being used for any purpose that Re:View Creative reasonably considers to be in breach of any of the above provisions or otherwise, in the common sense of the word, improper, then it may without prior notice take down the Re:View Creative application in question without incurring any liability whatsoever to the customer.
(j) The customer acknowledges and agrees that it is not envisaged that any Re:View Creative application will exceed such bandwidth as Grafenia or Re:View Creative acting reasonably considers appropriate (having regard to the fact that it is envisaged that only low volumes of traffic will be driven through the Re:View Creative application), to the extent that such bandwidth is materially exceeded and/or is regularly exceeded Re:View Creative may apply caps or throttling to bandwidth supplied or, without prior notice suspend or otherwise take down the Re:View Creative application in question, without incurring any liability whatsoever to the customer.
(k) The customer acknowledges and agrees that Re:View Creative in question will have no liability for any element of the Re:View Creative application that was not created by it or on its behalf or which was supplied by the customer and further, the customer acknowledges and agrees that Re:View Creative shall only be liable in respect of any inaccuracy of any element of the Re:View Creative application that has been created by it or on its behalf if having been notified of such inaccuracy, which notification must be within 28 days of delivery, Re:View Creative in question has, after having been supplied with everything it reasonably requests from the customer, failed to rectify the inaccuracy within seven days of being so notified and then the extent of Re:View Creative’s liability in respect of such liability shall be governed by these terms and conditions.
(l) As regards the provision of the Re:View Creative application and any related services by Re:View Creative, any words and phrases which have a customarily accepted meaning within the IT industry shall have that meaning unless stated otherwise.